People v. Barrett
Annotate this CaseDefendant was an adult who was diagnosed with mental retardation and other mental disorders. Because of her increasingly violent behavior, the People sought to civilly commit Defendant pursuant to Cal. Welf. & Inst. Code 6500. After a nonjury trial, the court ordered Defendant committed for one year. The court of appeal affirmed. At issue on appeal was whether Defendant's jury trial was validly waived if, as Defendant alleged, the court did not obtain Defendant's personal waiver of a jury. The Supreme Court affirmed after acknowledging that an individual facing commitment has cognitive and intellectual impairments that would prevent him or her from making a meaningful decision whether to invoke, or waive, the right to a jury trial, holding (1) Defendant was not denied due process and equal protection of the law insofar as the record did not reveal the circumstances under which Defendant was tried by the court, rather than by a jury, as (2) an individual facing commitment in section 6500 proceedings is protected by the state's statutory obligation to provide counsel, and (3) it is counsel who must make the tactical decision whether to seek or waive a jury in section 6500 proceedings.
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